The Study Of The Insurer's Duty Of Disclosure

With the extensive application of format clauses in the insurance sector,while simplifying the procedures for the conclusion of insurance contracts and reducing costs for insurers,it deprives policyholders of the opportunity to negotiate the content of treaties on an equal basis through the contracting process,which leads to the unfair status in information of policyholders.In addition,the contents of the format clause may contain unfair terms,liability determination clauses,exemption clauses,and a series of contents concerning the actual interests of the policyholder.If the policyholder ignores it,it will directly lead to the consequences of inability to receive the insurance payment.Therefore,the legislation makes it necessary for the insurer to explain the content that is not known to the policyholder and concealed in the insurance clause.Based on the principle of maximum honesty,the principle of freedom of contract,and the protection of consumers of insurance,the insurance law in China sets out the obligation system to correct the asymmetry of the parties' information in insurance contracts.The author examines how the Taiwanese region protects information interests of policyholders and,in conjunction with the provisions of the German Insurance Contract Law,explains the nature of the obligation,the subject and the object,the performance of the obligation,the content of the obligation,the exemption of the obligation,and the burden of proof of the obligation to open the veil of the explaining obligations,in order to have a more detailed understanding of the system.Starting from the legal provisions of the insurer's explaining obligation,combined with the reasons for the existence of the obligation and the purpose of the legislation,we can judge whether the insurer performs,whether he properly performs the obligations.“Declaration” is often used to prove that the insurer does his best to perform the obligations.However,the“declaration”has its specific object of proof,and not all cases can use the“declaration”to prove the fulfillment of the explaining obligation.In the circumstance of unauthorized agency and mutual agency,if thepolicyholder personally signs the “declaration”,it shall be a valid statement,which can prove the performance of the obligation,otherwise it needs other evidence to prove.The signature of the contract cannot prove the performance of the obligation.In group insurance,the object of the obligation should not only be the policyholder but also be each insured person.Although the insurer clarifies that the obligation is the pre-contract obligation,after the insurance contract is established,if there is situation in which the insured person has doubts about the format clause,there should be room for the fulfillment of the obligation.If the insurance contract is changed,the insurer should also fulfill the obligation before the change concerning the terms of the format and the provisions exempting the obligations of the insurer.Consecutive signing of the same or similar insurance contracts should not reduce the obligation.The obligation of prompting is an independent obligation.The form of violation of the obligation of prompting can be clarified by court decisions.The “declaration”itself only serves as a reminder and cannot prove the fulfillment of the obligation of prompting.The duty of disclosure of the insurer corresponds to the policyholder's right of information,which should be the right that the policyholder has to abandon.If the insurance law increases the policyholder's right to abandon,it should adopt a strictly restrictive attitude and it must only be actively exercised by the policyholder and not applicable to special groups.This article uses the comparative methods,the legal hermeneutics,the empirical research,the case studies and the value analysis to try to provide references for policyholders from the exercise of their rights,the insurer's performance of its obligations,and the court's judgment criteria.